Koriya (Baikunthpur), Chhattisgarh v. 1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan
Case Details
1 SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.06.23 12:06:34 +0530 2025:CGHC:26433 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1754 of 2021 Shailesh Sonawat S/o Late Tolaram Sonawat Aged About 35 Years Proprietor, M/s Neelam Medical Agency, R/o P.H. No. 27, Ward No. 12, Near Central Bank, Manendragarh, District Koriya, Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh --- Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2. Controller Food And Drug Administration, Atal Nagar Nava Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3. Collector Koriya, District- Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 4. Deputy Director Food And Drug Administration, Koriya, District- Koriya, Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 5. Licensing Authority Cum Assistant Drug Controller Food And Drug Administration, Koriya District Koriya, Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 6. Drug Inspector Office Of The Deputy Director, Food And Drug Administration, Koriya District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 7. Station House Officer Police Station Manendragarh, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s) WPC No. 1762 of 2021
Legal Reasoning
Pawan Kumar Bothra, S/o Shri Ratan Lal Bothra, Aged About 32 Years Proprietor, M/ S Pawan Medical Agencies, R/o P.H. No. 27, Ward No. 13, New Sabji Mandi Market, Manendragarh, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---Petitioner(s) Versus 2 1. State Of Chhattisgarh, Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Controller, Food And Drug Administration, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Collector, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 4. Deputy Director, Food And Drug Administration, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 5. Licensing Authority Cum Assistant Drug Controller, Food And Drug Administration, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 6. Drug Inspector, Office Of The Deputy Director, Food And Durg Administration, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 7. Station House Officer, Police Station Manendragarh, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s) WPC No. 1772 of 2021 Smt. Monika Sethia W/o Shri Navratan Sethia Aged About 39 Years Proprietor, M/s Mona Medicose, R/o Ward No. 12, Near Sbi Bank, Manendragarh, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Controller, Food And Drug Administration, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Collector Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 4. Deputy Director Food And Drug Administration, Koriya District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 5. Licensing Authority Cum Assistant Drug Controller Food And Drug Administration, Koriya District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 6. Drug Inspector Office Of The Deputy Director, Food And Drug Administration Koriya District Koriya Chhattisgarh., District : Koriya 3 (Baikunthpur), Chhattisgarh 7. Station House Officer Police Staton Manendragarh, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s) WPC No. 1760 of 2021 Bherudan Hirawat S/o Late Binjraj Hirawat Aged About 43 Years Proprietor, M/s Chirag Enterprises, R/o In Front Of New Gurudwara, Manendragarh, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Controller Food And Drug Administration, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Collector, Koriya District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 4. Deputy Director Food And Drug Administration, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 5. Licensing Authority Cum Assistant Drug Controller Food And Drug Administration, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 6. Drug Inspector Office Of The Deputy Director, Food And Drug Administration, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 7. Station House Officer Police Station Manendragarh, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s) WPC No. 1761 of 2021 Arun Kumar Verma S/o Late Manichand Tamrakar Aged About 45 Years Proprietor M/s Rishi Medical Store, R/o Plot No. 31/1/kh, P.H. No. 27, Ward No. 10, School Road, Manendragarh, District-Koriya,chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District-Raipur,chhattisgarh., District : Raipur, Chhattisgarh 2. Controller Food And Drug Administration, Atal Nagar, Nava Raipur, District- Raipur,chhattisgarh., District : Raipur, Chhattisgarh 4 3. Collector Koriya, District Koriya, Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 4. Deputy Director Food And Drug Administration, Koriya, District-Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 5. Licensing Authority Cum Assistant Drug Controller Food And Drug Koriya Koriya,chhattisgarh., District : Administration,koriya,district (Baikunthpur), Chhattisgarh 6. Drug Inspector Office Of The Deputy Director, Food And Drug Administration, Koriya, District-Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 7. Station House Officer Police Station- Manendragarh, District-Koriya, Chhattisgarh. --- Respondent(s) WPC No. 1764 of 2021 Ranjeet Singh Bothra, S/o Shri Shantilal Bothra, Aged About 40 Years Proprietor, M/s Shanti Medicose, R/o P.H. No. 27, Ward No. 14, Purani Basti, Behind Khedia Talkies, Manendragarh, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh, Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Controller, Food And Drug Administration, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Collector, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 4. Deputy Director, Food And Durg Administration, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 5. Licensing Authority Cum Assistant Drug Controller, Food And Drug Administration, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 6. Drug Inspector, Office Of The Deputy Director, Food And Drug Administration, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 7. Station House Officer, Police Station Manendragarh, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s) WPC No. 1864 of 2021 Shyamnandan Shrivastava S/o Late Murlidhar Shrivastava Aged About 41 Years Proprietor, M/s Swara Agency, R/o J.K.D. Road, Ward No. 14, Near Shah Care House, Manendragarh, Tahsil Manendragarh, District Koriya (C.G.) 5 Versus ---Petitioner(s) 1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur District Raipur (C.G.) 2. Controller, Food And Drug Administration, Atal Nagar, Nava Raipur, District Raipur (C.G.) 3. Collector Koriya, District Koriya (C.G.) 4. Deputy Director, Food And Drug Administration, Koriya, District Koriya (C.G.) 5. Licensing Authority Cum Assistant Drug Controller, Food And Drug Administration, Koriya, District Koriya (C.G.) 6. Drug Inspector, Office Of The Deputy Director, Food And Drug Administration, Koriya, District Koriya (C.G.) 7. Station House Officer, Police Station Manendragarh, District Koriya (C.G.) --- Respondent(s) WPC No. 1874 of 2021 Anil Kumar Verma S/o Krishna Bihari Verma, Aged About 50 Years Proprietor, M/s Astha Sales, R/o North Jkd Road, Tv Tower Road, Manendragarh, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2. Controller, Food And Drug Administration, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3. Collector, Koriya, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 4. Deputy Director, Food And Drug Administration, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 5. Licensing Authority Cum Assistant Durg Controller, Food And Drug Administration, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 6. Drug Inspector, Office Of The Deputy Director, Food And Drug Administration, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 6 7. Station House Officer, Police Station Manendragarh, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s) WPC No. 1869 of 2021 Shankar Lal Pansari S/o Shri Deendayal Pansari Aged About 51 Years Proprietor, M/s Ganesh Trading Company, R/o In Front Of New Gurudwara, Manendragarh, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Controller Food And Drug Administration Atal Nagar, Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Collector Koriya District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 4. Deputy Director Food And Drug Administration Koriya District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 5. Licensing Authority Cum Assistant Drug Controller Food And Drug Administration Koriya District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 6. Drug Inspector Office Of The Deputy Director Food And Drug Administration, Koriya, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 7. Station House Officer Police Station Manendragarh, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s) WPC No. 1862 of 2021 Manoj Kumar Choradia S/o Mulchand Choradia, Aged About 57 Years Proprietor, M/s Manoj Enterprises, R/o In Front Of Jaiswal Petrol Pump, Manendragarh, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2. Controller, Food And Drug Administration, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 7 3. Collector, Koriya, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 4. Deputy Director, Food And Drug Administration, Koriya, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 5. Licensing Authority Cum Assistant Drug Controller, Food And Drug Administration, Koriya, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 6. Drug Inspector, Office Of The Deputy Director, Food And Drug Administration, Koriya District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 7. Station House Officer, Police Station Manendragarh, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s) WPC No. 1858 of 2021 Amit Kumar Kakkar S/o Sunil Kumar Kakkar, Aged About 41 Years Proprietor, M/s Amit Sales, R/o Ward No. 20, Ahmed Colony, Manendragarh, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2. Controller, Food And Drug Administration, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3. Collector, Koriya, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 4. Deputy Director, Food And Drug Administration, Koriya, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 5. Licensing Authority Cum Assistant Drug Controller, Food And Drug Administration, Koriya, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 6. Drug Inspector, Office Of The Deputy Director, Food And Drug Administration, Koriya District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 7. Station House Officer, Police Station Manendragarh, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh (Cause Title is taken from Case Information System) --- Respondent(s) For Petitioners : Mr. C. Jayant K. Rao, Advocate 8 For State : Ms. Shailja Shukal, Dy. Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 20. 06.2025 1. Heard on admission. 2. The above captioned Writ Petitions involve common questions of law and
Decision
facts therefore they were heard together and are being disposed of by this common order. 3. In this batch of petitions, the petitioners have challenged the order dated 26.02.2021 passed by respondent No. 5 (in all petitions), whereby the license granted to the petitioners under Sections 20B and 21B of the Drugs and Cosmetics Act, 1940 have been canceled. 4. Learned counsel for the petitioners would submit that the license granted to the petitioners to sell stock, or exhibit (or offer) for sale, or distribute by wholesale drugs other than those specified in [Schedules C. C(1) and X] by respondent No. 5 have been canceled. He would further submit that a decision was taken by respondent No. 5 contrary to the provisions of Rule 66 of the Drug and Cosmetics Rules, 1945 (hereinafter referred to as “Rules, 1945”), which provides that without affording the sufficient opportunity of hearing, the license of the like nature cannot be suspended or canceled. He would also submit that no show-cause notice was issued by respondent No. 5 before taking such a decision. Mr. Rao would contend that interim orders were passed in favour of the petitioners and the period of license has already expired. He would further contend that there was an observation by respondent No. 5 to the effect that the petitioners have committed an offence punishable under 9 Sections 420, 466, 467, and 471 of IPC. He would also contend that the petitioners have moved applications for the renewal of their licenses before respondent No. 5 i.e. licensing authority, but those applications have not been considered and decided till date. He would pray for a direction to respondent No. 5 to consider the pending applications moved by the petitioners for the renewal of their license. He would further state that respondent No. 5 may be directed to review its observations made with regard to the essence of criminality. 5. On the other hand, Ms. Shailja Shukla, Dy. Government Advocate appearing for the State would oppose the submissions made by Mr. Rao. She would submit that show-cause notices were issued to the petitioners, and thereafter, a decision was taken and the petitioners were not running their medical shops in accordance with the provisions of the Drugs and Cosmetics Act, 1940 (for short “Act, 1940”) and Rules, 1945. She would fairly submit that the period of license has already expired and applications have been moved by the petitioners for the renewal of their licenses. 6. I have heard learned counsel appearing for the parties and perused the documents placed on the record. 7. Admittedly, licenses were issued in favour of the petitioners under the provisions of the Act, 1940 and Rules, 1945 to sell or distribute wholesale by drugs/medicines. The documents annexed along with the return would show that show-cause notices were not issued to the petitioners before the cancellation of their license and it is in violation of Rule 66 of the Rules, 1945. It is also not in dispute that the period of license has already expired and the petitioners have moved applications for the renewal of their licenses. The applications moved by the petitioners for the renewal of their license are pending before respondent No. 5 i.e. licensing authority. In the 10 order impugned, respondent No. 5 observed that the conduct of the petitioners was in contravention of the provisions of Sections 420, 466, 467 and 471 of IPC, but no direction was issued to register any complaint or FIR. 8. Taking into consideration the fact that the period of license has already expired and the applications moved by the petitioners for renewal of their license are pending before respondent No. 5; these petitions are disposed of with a direction to respondent No. 5 to decide the pending applications of the petitioners for renewal of their licenses strictly in accordance with the law. 9. The petitioners would be at liberty to make representations with regard to the observation made by respondent No. 5 in the concluding para, wherein an observation has been made that the conduct of the petitioners was in contravention to the provisions of Sections 420, 467, 468 and 471 of IPC. 10. The entire exercise shall be completed by respondent No. 5 within a period of 90 days from the date of receipt of a copy of this order. 11. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of at the admission stage itself. Sd/- (Rakesh Mohan Pandey) Judge $iddhant